S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5297
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 17, 2015
                                      ___________
       Introduced  by  M.  of  A.  STEC, FINCH -- read once and referred to the
         Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law and the  transportation  law,
         in  relation to establishing the Corinth and Warren railroad authority
         and establishing the powers and duties of the  town  of  Corinth,  the
         county  of  Warren and other municipalities located along the railroad
         line
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Article  8  of  the  public authorities law is amended by
    2  adding a new title 28-C to read as follows:
    3                                 TITLE 28-C
    4                         CORINTH AND WARREN RAILROAD
    5                                  AUTHORITY
    6  SECTION 2681.   SHORT TITLE.
    7          2681-A. DEFINITIONS.
    8          2681-B. CORINTH AND WARREN RAILROAD AUTHORITY.
    9          2681-C. PURPOSES OF THE AUTHORITY.
   10          2681-D. GENERAL POWERS OF THE AUTHORITY.
   11          2681-E. SPECIAL POWERS OF THE AUTHORITY.
   12          2681-F. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
   13          2681-G. EXEMPTION FROM TAXATION.
   14          2681-H. ADVANCES ON BEHALF OF AUTHORITY; TRANSFER OF PROPERTY TO
   15                    AUTHORITY; ACQUISITION OF PROPERTY FOR AUTHORITY.
   16          2681-I. NEW YORK STATE AND LOCAL  EMPLOYEES'  RETIREMENT  SYSTEM
   17                    RIGHTS OF EMPLOYEES; CIVIL SERVICE.
   18          2681-J. EQUAL EMPLOYMENT OPPORTUNITY.
   19          2681-K. MONIES OF THE AUTHORITY.
   20          2681-L. CONTRACTS.
   21          2681-M. ANNUAL REPORT AND AUDIT.
   22          2681-N. DEFENSE AND INDEMNIFICATION.
   23          2681-O. ACTION BY OR AGAINST THE AUTHORITY.
   24          2681-P. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERA-
   25                    TION AND MAINTENANCE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08936-01-5
       A. 5297                             2
    1          2681-Q. STATE,  COUNTY,  TOWN  AND MUNICIPALITIES NOT LIABLE FOR
    2                    OBLIGATIONS OF THE AUTHORITY.
    3          2681-R. EFFECT OF INCONSISTENT PROVISIONS.
    4    S 2681. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
    5  "CORINTH AND WARREN RAILROAD AUTHORITY ACT".
    6    S  2681-A. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
    7  DIFFERENT MEANING APPEARS FROM THE CONTEXT:
    8    1.  "AUTHORITY"  SHALL  MEAN  THE  CORPORATION  CREATED   BY   SECTION
    9  TWENTY-SIX HUNDRED EIGHTY-ONE-B OF THIS TITLE.
   10    2.  "AUTHORITY FACILITIES" SHALL MEAN THE AUTHORITY'S RAILROAD FACILI-
   11  TIES AND OPERATIONS PURSUANT TO JOINT SERVICE ARRANGEMENTS.
   12    3. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
   13    4. "CORINTH AND WARREN RAILROAD LINE" SHALL  MEAN  THE  RAILROAD  LINE
   14  GENERALLY DESCRIBED AS LOCATED BETWEEN MILE POST 94.96 IN NORTH CREEK IN
   15  THE  TOWN  OF  JOHNSBURG  AND COUNTY OF WARREN AND RUNNING APPROXIMATELY
   16  FIFTY-SIX MILES TO MILE POST 39.44 IN THE CITY OF  SARATOGA  SPRINGS  IN
   17  THE COUNTY OF SARATOGA.
   18    5. "COUNTY" SHALL MEAN THE COUNTY OF WARREN.
   19    6.  "EQUIPMENT"  SHALL  MEAN ROLLING STOCK, VEHICLES, MOTORS, BOILERS,
   20  ENGINES, WIRES, WAYS, CONDUITS AND MECHANISMS, MACHINERY, TOOLS,  IMPLE-
   21  MENTS,  MATERIALS,  SUPPLIES,  INSTRUMENTS  AND  DEVICES OF EVERY NATURE
   22  WHATSOEVER USED  OR  USEFUL  FOR  RAILROAD  AND  RELATED  TRANSPORTATION
   23  PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE POWER INCLUDING
   24  BUT  NOT  LIMITED TO ALL POWER HOUSES, AND ALL APPARATUS AND ALL DEVICES
   25  FOR SIGNALING, COMMUNICATIONS  AND  VENTILATION  AS  MAY  BE  NECESSARY,
   26  CONVENIENT  OR  DESIRABLE  FOR  THE  OPERATION  OF A RAILROAD OR RELATED
   27  TRANSPORTATION FACILITY.
   28    7. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
   29  THE AUTHORITY AND ANY COMMON CARRIER OR FREIGHT  FORWARDER,  THE  STATE,
   30  THE  FEDERAL  GOVERNMENT,  ANY  OTHER STATE OR AGENCY OR INSTRUMENTALITY
   31  THEREOF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE, OR  ANY  POLI-
   32  TICAL  SUBDIVISION  OR MUNICIPALITY OF THIS OR ANY OTHER STATE, RELATING
   33  TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, RATES,  FARES,
   34  CLASSIFICATIONS,  DIVISIONS,  ALLOWANCES  OR  CHARGES, OR RULES OR REGU-
   35  LATIONS PERTAINING THERETO, FOR OR IN CONNECTION WITH OR  INCIDENTAL  TO
   36  TRANSPORTATION IN PART IN OR UPON RAILROAD FACILITIES LOCATED WITHIN THE
   37  COUNTY  OF  WARREN  OR  TOWN  OF CORINTH AND IN PART IN OR UPON RAILROAD
   38  FACILITIES LOCATED OUTSIDE SAID COUNTY OR TOWN.
   39    8. "LEGISLATIVE BODY" OR "LEGISLATIVE BODIES" SHALL MEAN ANY OR ALL OF
   40  THE GOVERNING BOARDS OF THE COUNTY OF WARREN AND THE TOWN OF CORINTH.
   41    9. "MUNICIPALITY" SHALL MEAN ANY COUNTY, CITY, TOWN,  VILLAGE,  SCHOOL
   42  DISTRICT,  IMPROVEMENT DISTRICT, ANY OTHER SUCH INSTRUMENTALITY, INCLUD-
   43  ING AN AGENCY OR PUBLIC BENEFIT CORPORATION OF THE STATE, OR ANY OF  THE
   44  FOREGOING, OR ANY COMBINATION THEREOF.
   45    10.  "RAILROAD  FACILITIES" SHALL MEAN RIGHT-OF-WAY AND RELATED TRACK-
   46  AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
   47  COMMUNICATION AND VENTILATION SYSTEMS, POWER  PLANTS,  STATIONS,  TERMI-
   48  NALS,  PARKING  LOTS,  GARAGES,  WAREHOUSES,  STORAGE  YARDS, INTERMODAL
   49  FACILITIES, REPAIR AND MAINTENANCE SHOPS, YARDS,  EQUIPMENT  AND  PARTS,
   50  OFFICES  AND  OTHER  REAL ESTATE OR PERSONALTY USED OR HELD FOR OR INCI-
   51  DENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF  ANY  RAILROAD
   52  OPERATING  OR  TO OPERATE BETWEEN POINTS WITHIN THE COUNTY OF WARREN AND
   53  THE COUNTY OF  SARATOGA  OR  PURSUANT  TO  JOINT  SERVICE  ARRANGEMENTS,
   54  INCLUDING  BUT  NOT LIMITED TO BUILDINGS, STRUCTURES, AND AREAS NOTWITH-
   55  STANDING THAT PORTIONS THEREOF  MAY  NOT  BE  DEVOTED  TO  ANY  RAILROAD
       A. 5297                             3
    1  PURPOSE  OTHER  THAN  THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS
    2  AND EXPENSES OF ALL OR ANY FACILITIES OF THE AUTHORITY.
    3    11.  "REAL  PROPERTY"  SHALL  MEAN  LANDS,  STRUCTURES, FRANCHISES AND
    4  INTERESTS IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN  RIGHTS  AND  AIR
    5  RIGHTS  AND  ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND
    6  INCLUDES NOT ONLY FEES SIMPLE ABSOLUTE  BUT  ALSO  ANY  AND  ALL  LESSER
    7  INTERESTS  INCLUDING  BUT NOT LIMITED TO EASEMENTS, RIGHTS-OF-WAY, USES,
    8  LEASES, LICENSES AND  ALL  OTHER  INCORPOREAL  HEREDITAMENTS  AND  EVERY
    9  ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
   10  AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
   11    12. "TOWN" SHALL MEAN THE TOWN OF CORINTH IN THE COUNTY OF SARATOGA.
   12    S  2681-B. CORINTH  AND  WARREN RAILROAD AUTHORITY. 1. THERE IS HEREBY
   13  CREATED THE "CORINTH AND WARREN RAILROAD AUTHORITY"  WHICH  SHALL  BE  A
   14  BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION.
   15    2.  THE  AUTHORITY  SHALL CONTINUE FOR THIRTY YEARS FROM THE EFFECTIVE
   16  DATE OF THIS TITLE, OR SO LONG AS IT SHALL HAVE  BONDS  OR  OTHER  OBLI-
   17  GATIONS OUTSTANDING OR UNTIL IT CAN NO LONGER SECURE OPERATIONS OF TRAIN
   18  SERVICES  WHICH  PROVIDE  FREIGHT, PASSENGER AND TOURIST SERVICES WITHIN
   19  THE RESOURCES AVAILABLE OR UNTIL ITS EXISTENCE SHALL OTHERWISE BE TERMI-
   20  NATED BY LAW.  UPON THE TERMINATION OF THE EXISTENCE OF  THE  AUTHORITY,
   21  ALL  ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE COUNTY
   22  AND THE TOWN PURSUANT TO ANY AGREEMENTS AMONG THE COUNTY, THE  TOWN  AND
   23  THE AUTHORITY.
   24    3.  THE AUTHORITY SHALL ADOPT BY-LAWS GOVERNING ITS OPERATION AND KEEP
   25  A RECORD OF ITS RESOLUTIONS, TRANSACTIONS, FINDINGS AND  DETERMINATIONS,
   26  WHICH RECORD SHALL BE A PUBLIC RECORD.
   27    4. THE AUTHORITY SHALL CONSIST OF THE FOLLOWING SIX MEMBERS:
   28    (A)  THE  COUNTY  LEGISLATIVE  BODY  OF THE COUNTY SHALL APPOINT THREE
   29  VOTING MEMBERS OF THE AUTHORITY WHO SHALL BE RESIDENTS OF  SUCH  COUNTY,
   30  UPON  THE  RECOMMENDATION  OF  THE  CHIEF EXECUTIVE (COUNTY EXECUTIVE OR
   31  CHAIR OF THE COUNTY LEGISLATIVE BODY) OF THE COUNTY; AND
   32    (B) THE TOWN BOARD OF THE TOWN SHALL APPOINT THREE VOTING  MEMBERS  OF
   33  THE  AUTHORITY WHO SHALL BE RESIDENTS OF SUCH TOWN, UPON THE RECOMMENDA-
   34  TION OF THE SUPERVISOR OF THE TOWN.
   35    5. THE TERM OF OFFICE OF MEMBERS  OF  THE  AUTHORITY  SHALL  BE  THREE
   36  YEARS.    TWO  OF THE INITIAL MEMBERS OF THE AUTHORITY SHALL SERVE A ONE
   37  YEAR TERM, TWO SHALL SERVE A TWO YEAR TERM AND TWO SHALL SERVE  A  THREE
   38  YEAR TERM.
   39    6.  ALL  MEMBERS  SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSORS
   40  ARE APPOINTED AND QUALIFIED. THE RESIGNATION  OF  ANY  MEMBER  SHALL  BE
   41  FILED  WITH  THE  APPOINTING  AUTHORITY  AND  SHALL BE EFFECTIVE WHEN SO
   42  FILED.   VACANCIES OCCURRING OTHERWISE THAN BY  EXPIRATION  OF  TERM  OF
   43  OFFICE  SHALL  BE  FILLED  FOR  THE UNEXPIRED TERM IN THE SAME MANNER AS
   44  PROVIDED FOR THE ORIGINAL APPOINTMENT.
   45    7. THE CHAIRPERSON, VICE-CHAIRPERSON, SECRETARY, AND  OTHER  NECESSARY
   46  OFFICERS  SHALL BE NAMED BY A MAJORITY VOTE OF ALL THE VOTING MEMBERS TO
   47  SERVE FOR SUCH PERIOD AS THE MEMBERS SHALL DECIDE. THE CHAIRPERSON SHALL
   48  PRESIDE OVER THE MEETINGS OF THE AUTHORITY AND SHALL APPOINT MEMBERS  OF
   49  THE  AUTHORITY  TO COMMITTEES ESTABLISHED BY THE AUTHORITY TO ASSIST THE
   50  AUTHORITY IN CARRYING OUT ITS DUTIES.
   51    8. ANY MEMBER OF THE AUTHORITY MAY BE REMOVED  BY  RESOLUTION  OF  THE
   52  ENTITY  WHICH  APPOINTED SUCH MEMBER EITHER FOR CAUSE OR FOR NON-COMPLI-
   53  ANCE WITH MINIMUM REQUIREMENTS RELATING TO MEETING ATTENDANCE AND  OTHER
   54  CRITERIA AS MAY BE ESTABLISHED BY RESOLUTION OF SUCH ENTITY.
   55    9.  NO  PERSON  SHALL  BE  PRECLUDED  FROM  SERVING AS A MEMBER OF THE
   56  AUTHORITY AS APPOINTED BY THE COUNTY LEGISLATIVE BODY OR THE TOWN  BOARD
       A. 5297                             4
    1  PURSUANT  TO THIS SECTION BECAUSE SUCH MEMBER IS AN ELECTED OR APPOINTED
    2  OFFICIAL OF A MUNICIPALITY, EXCEPT THAT NO MEMBER OF THE AUTHORITY SHALL
    3  VOTE ON ANY MATTER BEFORE THE AUTHORITY WHICH HAS BEEN THE SUBJECT OF  A
    4  PROPOSAL,  APPLICATION  OR  VOTE BEFORE THE MUNICIPALITY WHERE HE OR SHE
    5  SERVES IN SUCH ELECTED OR APPOINTED CAPACITY.
    6    10. THE MEMBERS OF THE AUTHORITY SHALL RECEIVE NO  SALARY  OR  COMPEN-
    7  SATION  FOR THEIR SERVICES, BUT MAY BE REIMBURSED FOR AUTHORIZED, ACTUAL
    8  AND NECESSARY TRAVEL AND EXPENDITURES.
    9    11. A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE  AUTHORITY
   10  THEN  IN  OFFICE  SHALL  CONSTITUTE  A QUORUM FOR THE TRANSACTION OF ANY
   11  BUSINESS OR THE EXERCISE OF ANY POWER OF THE AUTHORITY.  NOTWITHSTANDING
   12  ANY  PROVISION OF STATUTE OR LAW TO THE CONTRARY AND EXCEPT AS OTHERWISE
   13  SPECIFIED IN THIS TITLE, FOR THE TRANSACTION  OF  ANY  BUSINESS  OR  THE
   14  EXERCISE  OF  ANY POWER OF THE AUTHORITY, THE AUTHORITY SHALL HAVE POWER
   15  TO ACT BY A MAJORITY OF THE  WHOLE  NUMBER  OF  VOTING  MEMBERS  OF  THE
   16  AUTHORITY.
   17    12.  THE  AUTHORITY  SHALL  BE  DEEMED  A STATE AGENCY FOR PURPOSES OF
   18  SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, PROVIDED, HOWEVER, THAT
   19  NO NON-VOTING MEMBER OF THE AUTHORITY SHALL  BE  DEEMED  AN  OFFICER  OR
   20  EMPLOYEE OF A STATE AGENCY.
   21    S  2681-C. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY
   22  SHALL BE THE ADMINISTRATION, MANAGEMENT, CONTINUANCE,  FURTHER  DEVELOP-
   23  MENT  AND  IMPROVEMENT  OF  RAILROAD  TRANSPORTATION  AND OTHER SERVICES
   24  RELATED THERETO WITHIN THE COUNTIES  OF  WARREN  AND  SARATOGA  AND  THE
   25  PROMOTION  OF  TOURISM, FREIGHT AND PASSENGER TRANSPORTATION, IN ACCORD-
   26  ANCE WITH THE PROVISIONS OF THIS TITLE. IT SHALL BE THE FURTHER  PURPOSE
   27  OF THE AUTHORITY TO DEVELOP AND IMPLEMENT A UNIFIED RAILROAD TRANSPORTA-
   28  TION  POLICY AND STRATEGY FOR SUCH COUNTY AND TOWN.  WHEN ADMINISTERING,
   29  MANAGING, CONTINUING, DEVELOPING AND IMPROVING RAILROAD  FACILITIES,  OR
   30  FORMULATING  STRATEGIES,  POLICIES AND MAKING DECISIONS RELATED THERETO,
   31  THE AUTHORITY SHALL UNDERTAKE TO ENCOURAGE  AND  WORK  TO  CONTINUE  AND
   32  CAUSE  THE  GROWTH  OF  THE  OPERATION OF TOURISM TRAINS THAT PROVIDE AN
   33  ATTRACTION AND OPPORTUNITY FOR TOURISTS TO TAKE SCENIC TRAIN RIDES,  SKI
   34  TRAINS TO NORTH CREEK, THOMAS THE TANK, POLAR EXPRESS OR SIMILAR SPECIAL
   35  EVENTS  AND  OTHERWISE  CAUSE TRAIN OPERATIONS THAT NOT ONLY PROVIDE THE
   36  USUAL FREIGHT AND PASSENGER SERVICE,  BUT  ALSO  PROMOTE  AND  ENCOURAGE
   37  TOURISM IN AND AMONG THE COMMUNITIES ALONG THE RAIL LINE.
   38    2.  IT  IS  HEREBY  FOUND  AND  DECLARED THAT SUCH PURPOSES ARE IN ALL
   39  RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE  AND  THE  AUTHORITY
   40  SHALL  BE  REGARDED  AS PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN
   41  CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS GRANTED  BY  THIS
   42  TITLE.
   43    S 2681-D. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
   44  BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
   45    1. TO SUE AND BE SUED;
   46    2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   47    3. TO BORROW MONEY;
   48    4. TO INVEST ANY FUNDS HELD IN RESERVE OR SINKING FUNDS, OR ANY MONIES
   49  NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE
   50  AUTHORITY,  IN  OBLIGATIONS  IN  WHICH  THE STATE COMPTROLLER MAY INVEST
   51  PURSUANT TO SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE  FINANCE
   52  LAW;
   53    5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
   54  MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
   55  THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
       A. 5297                             5
    1    6.  TO  ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
    2  NECESSARY OR CONVENIENT;
    3    7.  TO  ACQUIRE,  HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
    4  EXERCISE OF ITS POWERS FOR ITS CORPORATE PURPOSES;
    5    8. THE AUTHORITY MAY, WHENEVER IT SHALL DETERMINE THAT IT  IS  NOT  IN
    6  CONFLICT WITH THE INTERESTS OR PURPOSES OF THE AUTHORITY, RENT, LEASE OR
    7  GRANT EASEMENTS OR OTHER RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORI-
    8  TY, INCLUDING THE GRANTING OF MUNICIPAL UTILITY EASEMENTS;
    9    9.  TO  APPOINT  SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE FOR THE
   10  PERFORMANCE OF ITS DUTIES, AND TO FIX  AND  DETERMINE  THEIR  QUALIFICA-
   11  TIONS,  DUTIES,  AND COMPENSATION AND TO RETAIN OR EMPLOY COUNSEL, AUDI-
   12  TORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE
   13  FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE; SUCH  COUN-
   14  SEL,  AUDITORS, ENGINEERS, AND PRIVATE CONSULTANTS, OFFICERS AND EMPLOY-
   15  EES MAY NOT BE A MEMBER OF THE AUTHORITY;
   16    10. TO MAKE PLANS,  SURVEYS,  AND  STUDIES  NECESSARY,  CONVENIENT  OR
   17  DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
   18  TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
   19    11. TO CONTRACT FOR AND ACCEPT ANY GIFTS OR GRANTS, SUBSIDIES OR LOANS
   20  OF  FUNDS  OR  PROPERTY  OR  FINANCIAL OR OTHER AID IN ANY FORM FROM THE
   21  FEDERAL OR STATE GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, OR
   22  FROM ANY OTHER SOURCE, PUBLIC OR PRIVATE, AND TO COMPLY, SUBJECT TO  THE
   23  PROVISIONS OF THIS TITLE, WITH THE TERMS AND CONDITIONS THEREOF;
   24    12. TO DESIGNATE THE DEPOSITORIES OF ITS MONEY;
   25    13. TO ESTABLISH ITS FISCAL YEAR; AND
   26    14. TO DO ALL THINGS NECESSARY OR CONVENIENT OR DESIRABLE TO CARRY OUT
   27  ITS PURPOSES AND EXERCISE THE POWERS EXPRESSLY GIVEN IN THIS TITLE.
   28    S  2681-E. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE THE
   29  PURPOSES OF THIS TITLE: 1. THE AUTHORITY MAY ACQUIRE, BY PURCHASE, GIFT,
   30  GRANT, TRANSFER, CONTRACT OR LEASE, ANY  RAILROAD  FACILITY,  WHOLLY  OR
   31  PARTIALLY  WITHIN  THE  COUNTY  OR  TOWN OR ANY PART THEREOF, OR THE USE
   32  THEREOF, AND MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS  AS  PROVIDED
   33  IN THIS SECTION. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
   34  BE  AUTHORIZED  ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS
   35  THAN A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE  AUTHORITY.
   36  IN  ADDITION  TO AND NOT IN LIMITATION OF ANY OTHER POWER CONFERRED UPON
   37  THE AUTHORITY BY THE PROVISIONS OF THIS TITLE, THE AUTHORITY  IS  HEREBY
   38  EMPOWERED  AND  AUTHORIZED  IN RESPECT OF ANY PROPERTY AND ASSETS AT ANY
   39  TIME OWNED OR HELD BY, OR UNDER THE  JURISDICTION  OF,  THE  STATE,  ANY
   40  POLITICAL  SUBDIVISION  THEREOF, OR ANY PRIVATE OR OTHER PUBLIC CONCERN,
   41  TO ACCEPT AND RECEIVE ANY SUCH INTEREST THEREIN AS IT MAY HAVE  BEEN  OR
   42  MAY  HEREAFTER  BE  DESIGNATED  BY  THE STATE, ANY POLITICAL SUBDIVISION
   43  THEREOF, OR ANY OTHER PUBLIC OR PRIVATE CONCERN, BY LAW OR OTHER  LAWFUL
   44  MEANS  TO  RECEIVE, AND IN RESPECT THEREOF, EXCEPT AS OTHERWISE PROVIDED
   45  BY THE DESIGNATING STATUTE OR CONTRACTUAL INSTRUMENT, IT SHALL HAVE  AND
   46  EXERCISE  ALL OF THE POWERS AND JURISDICTION HEREIN CONFERRED UPON IT IN
   47  RESPECT OF ANY OTHER PROPERTY, RIGHTS, ASSETS, FACILITIES  AND  PROJECTS
   48  IN  ANY  OTHER  MANNER  ACQUIRED OR FROM ANY OTHER SOURCE RECEIVED BY IT
   49  PURSUANT TO THE PROVISIONS OF THIS TITLE.
   50    2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
   51  DETERMINE  NECESSARY,  CONVENIENT   OR   DESIRABLE   ITSELF   ESTABLISH,
   52  CONSTRUCT,  EFFECTUATE,  OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR
   53  REPAIR ANY SUCH RAILROAD FACILITY, OR MAY PROVIDE  FOR  SUCH  ESTABLISH-
   54  MENT,  CONSTRUCTION,  EFFECTUATION,  OPERATION, MAINTENANCE, RENOVATION,
   55  IMPROVEMENT, EXTENSION OR REPAIR BY CONTRACT, LEASE, OR  OTHER  ARRANGE-
   56  MENT  ON  SUCH  TERMS AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR
       A. 5297                             6
    1  DESIRABLE WITH ANY PERSON, INCLUDING, BUT NOT  LIMITED  TO,  ANY  COMMON
    2  CARRIER  OR  FREIGHT  FORWARDER  OR  OTHER  PRIVATE FOR-PROFIT FIRM, THE
    3  STATE, ANY AGENCY OR THE STATE, THE FEDERAL GOVERNMENT, ANY OTHER  STATE
    4  OR  AGENCY  OR  INSTRUMENTALITY THEREOF, ANY NON-PROFIT CORPORATION, ANY
    5  PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE OR ANY POLITICAL SUBDIVISION
    6  OR MUNICIPALITY OF THE STATE. IN CONNECTION WITH THE  OPERATION  OF  ANY
    7  SUCH RAILROAD FACILITY, THE AUTHORITY MAY ESTABLISH, CONSTRUCT, EFFECTU-
    8  ATE,  OPERATE,  MAINTAIN,  RENOVATE,  IMPROVE,  EXTEND  OR REPAIR OR MAY
    9  PROVIDE BY CONTRACT, LEASE OR OTHER ARRANGEMENT FOR  THE  ESTABLISHMENT,
   10  CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVE-
   11  MENT,  EXTENSION  OR  REPAIR  OF  ANY RELATED SERVICES AND ACTIVITIES IT
   12  DEEMS NECESSARY, CONVENIENT OR DESIRABLE, INCLUDING, BUT NOT LIMITED TO,
   13  THE TRANSPORTATION AND STORAGE OF FREIGHT AND THE  UNITED  STATES  MAIL,
   14  FEEDER  AND  CONNECTING  TRANSPORTATION,  PARKING  AREAS, TRANSPORTATION
   15  CENTERS, STATIONS AND RELATED FACILITIES.
   16    3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
   17  LISHED, LEVIED AND COLLECTED  AND,  IN  THE  CASE  OF  A  JOINT  SERVICE
   18  ARRANGEMENT,  JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND COLLECTION
   19  OF SUCH FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS  IT  MAY
   20  DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
   21  RAILROAD  FACILITY  AND  RELATED  SERVICES  OPERATED BY THE AUTHORITY OR
   22  UNDER CONTRACT, LEASE OR  OTHER  ARRANGEMENT,  INCLUDING  JOINT  SERVICE
   23  ARRANGEMENTS, WITH THE AUTHORITY.
   24    4.  THE  AUTHORITY  MAY  ESTABLISH  AND,  IN THE CASE OF JOINT SERVICE
   25  ARRANGEMENTS, JOIN WITH OTHERS IN THE ESTABLISHMENT  OF  SUCH  SCHEDULES
   26  AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
   27  ING  BUT  NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE CONDUCT AND
   28  SAFETY OF THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT  OR  DESIRABLE
   29  FOR  THE USE AND OPERATION OF ANY RAILROAD FACILITY AND RELATED SERVICES
   30  OPERATED BY THE AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT,
   31  INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
   32    5. THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH,  CONSTRUCT,
   33  EFFECTUATE,  OPERATE,  MAINTAIN, RENOVATE, IMPROVE, EXTEND OR REPAIR ANY
   34  OF ITS FACILITIES.
   35    6. THE AUTHORITY, IN ITS OWN NAME,  MAY  APPLY  FOR  AND  RECEIVE  AND
   36  ACCEPT  GRANTS  OF  PROPERTY,  MONEY  AND  SERVICES AND OTHER ASSISTANCE
   37  OFFERED OR MADE AVAILABLE TO IT BY  ANY  PERSON,  GOVERNMENT  OR  AGENCY
   38  WHICH IT MAY USE TO MEET CAPITAL OR OPERATING EXPENSES AND FOR ANY OTHER
   39  USE  WITHIN  THE SCOPE OF ITS POWERS, AND TO NEGOTIATE FOR THE SAME UPON
   40  SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY DETERMINE  TO  BE  NECES-
   41  SARY, CONVENIENT OR DESIRABLE.
   42    7.  THE  AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT OR
   43  DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
   44  RAILROAD FACILITIES, EQUIPMENT OR REAL PROPERTY  OPERATED  BY  OR  UNDER
   45  CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS HERE-
   46  INAFTER  SPECIALLY  PROVIDED,  NO MUNICIPALITY OR POLITICAL SUBDIVISION,
   47  INCLUDING BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR SCHOOL  OR
   48  OTHER  DISTRICT  SHALL  HAVE  JURISDICTION  OVER  ANY  FACILITIES OF THE
   49  AUTHORITY OR ANY OF ITS ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOL-
   50  UTIONS, ORDINANCES, RULES AND REGULATIONS OF A MUNICIPALITY OR POLITICAL
   51  SUBDIVISION IN THE STATE CONFLICTING WITH THIS  TITLE  OR  ANY  RULE  OR
   52  REGULATION  OF  THE AUTHORITY, SHALL NOT BE APPLICABLE TO THE ACTIVITIES
   53  OR OPERATIONS OF THE AUTHORITY, OR  THE  FACILITIES  OF  THE  AUTHORITY,
   54  EXCEPT SUCH FACILITIES THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPOR-
   55  TATION  PURPOSES.  THE AUTHORITY MAY AGREE WITH THE DEPARTMENT OF TRANS-
   56  PORTATION FOR THE EXECUTION BY SUCH DEPARTMENT  OF  ANY  GRADE  CROSSING
       A. 5297                             7
    1  ELIMINATION  PROJECT  OR  ANY  GRADE  CROSSING SEPARATION RECONSTRUCTION
    2  PROJECT ALONG ANY RAILROAD FACILITY OPERATED BY THE AUTHORITY  OR  UNDER
    3  CONTRACT,  LEASE  OR  OTHER  ARRANGEMENT  WITH  THE  AUTHORITY. ANY SUCH
    4  PROJECT  SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE TRANSPORTA-
    5  TION LAW AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF  ANY  SUCH
    6  PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS.
    7    S  2681-F.  COOPERATION  AND ASSISTANCE OF OTHER AGENCIES. 1. TO AVOID
    8  DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHORITY MAY
    9  MAKE USE OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND  OTHER  MATERIALS
   10  IN  THE  POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY OR POLITICAL
   11  SUBDIVISION OF THE STATE. EACH SUCH AGENCY, MUNICIPALITY OR  SUBDIVISION
   12  LOCATED  IN OR SERVING SOME PORTION OF THE STATE IS HEREBY AUTHORIZED TO
   13  MAKE THE SAME AVAILABLE TO THE AUTHORITY AND OTHERWISE TO ASSIST  IT  IN
   14  THE  PERFORMANCE OF ITS FUNCTIONS. AT THE REQUEST OF THE AUTHORITY, EACH
   15  SUCH AGENCY, MUNICIPALITY OR SUBDIVISION  LOCATED  IN  OR  SERVING  SOME
   16  PORTION  OF  THE STATE WHICH IS ENGAGED IN RAILROAD OR OTHER TRANSPORTA-
   17  TION ACTIVITIES OR IN LAND USE OR  DEVELOPMENT  PLANNING,  OR  WHICH  IS
   18  CHARGED  WITH  THE  DUTY  OF  PROVIDING OR REGULATING ANY TRANSPORTATION
   19  FACILITY OR ANY OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO  PROVIDE
   20  THE  AUTHORITY WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS AFFECT-
   21  ING RAILROAD TRANSPORTATION WITHIN THE PARTICIPATING  COUNTIES  SO  THAT
   22  THE  AUTHORITY MAY HAVE AVAILABLE TO IT CURRENT INFORMATION WITH RESPECT
   23  THERETO. THE OFFICERS AND PERSONNEL OF SUCH AGENCIES, MUNICIPALITIES  OR
   24  SUBDIVISIONS,  AND OF ANY OTHER GOVERNMENT OR AGENCY WHATEVER, MAY SERVE
   25  AT THE REQUEST OF THE AUTHORITY UPON SUCH  ADVISORY  COMMITTEES  AS  THE
   26  AUTHORITY  SHALL DETERMINE TO CREATE AND SUCH OFFICERS AND PERSONNEL MAY
   27  SERVE UPON SUCH COMMITTEES WITHOUT FORFEITURE OF  OFFICE  OR  EMPLOYMENT
   28  AND  WITH  NO LOSS OR DIMINUTION IN THE COMPENSATION, STATUS, RIGHTS AND
   29  PRIVILEGES WHICH THEY OTHERWISE ENJOY.
   30    2. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  COUNTY,  EVERY
   31  MUNICIPALITY  LOCATED  IN  THE  COUNTY  AND  THE TOWN ARE AUTHORIZED AND
   32  EMPOWERED TO CONSENT TO THE USE BY THE AUTHORITY OF ANY REAL OR PERSONAL
   33  PROPERTY OWNED BY ANY SUCH MUNICIPALITY  AND  NECESSARY,  CONVENIENT  OR
   34  DESIRABLE  IN  THE OPINION OF THE AUTHORITY FOR ANY OF THE FACILITIES OR
   35  PROJECTS AUTHORIZED UNDER THIS TITLE, INCLUDING SUCH  REAL  PROPERTY  AS
   36  HAS  ALREADY  BEEN  DEVOTED  TO A PUBLIC USE, AND AS AN INCIDENT TO SUCH
   37  CONSENT, TO LEASE OR OTHERWISE TRANSFER AND CONVEY TO THE AUTHORITY  ANY
   38  SUCH  REAL  OR PERSONAL PROPERTY UPON SUCH TERMS AS MAY BE DETERMINED BY
   39  THE AUTHORITY AND ANY SUCH MUNICIPALITY. EVERY SUCH MUNICIPALITY ALSO IS
   40  AUTHORIZED AND EMPOWERED, AS AN INCIDENT TO SUCH CONSENT, TO VEST IN THE
   41  AUTHORITY THE CONTROL, POSSESSION, OPERATION, MAINTENANCE, RENTS, CHARG-
   42  ES AND ANY AND ALL OTHER REVENUES OF ANY FACILITIES  NOW  OWNED  BY  ANY
   43  SUCH  MUNICIPALITY, THE TITLE TO SUCH FACILITIES REMAINING IN SUCH MUNI-
   44  CIPALITY.
   45    S 2681-G. EXEMPTION FROM TAXATION. 1. IT IS HEREBY DETERMINED THAT THE
   46  CREATION OF THE AUTHORITY AND THE CARRYING OUT  OF  ITS  PURPOSES  UNDER
   47  THIS  TITLE  ARE  IN  ALL  RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE
   48  STATE OF NEW YORK AND IS A PUBLIC PURPOSE.  ACCORDINGLY,  THE  AUTHORITY
   49  SHALL  BE  REGARDED  AS PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN
   50  THE EXERCISE OF THE POWERS CONFERRED UPON IT  BY  THIS  TITLE,  AND  THE
   51  AUTHORITY SHALL NOT BE REQUIRED TO PAY ANY FEES, TAXES, SPECIAL AD VALO-
   52  REM LEVIES OR ASSESSMENTS OF ANY KIND, WHETHER STATE OR LOCAL, INCLUDING
   53  BUT NOT LIMITED TO FEES, TAXES, SPECIAL AD VALOREM LEVIES OR ASSESSMENTS
   54  ON  REAL  PROPERTY, FRANCHISE TAXES, SALES TAXES OR OTHER TAXES, UPON OR
   55  WITH RESPECT TO ANY PROPERTY OWNED BY  IT  OR  UNDER  ITS  JURISDICTION,
   56  CONTROL  OR  SUPERVISION,  OR  UPON  THE  USES  THEREOF, OR UPON OR WITH
       A. 5297                             8
    1  RESPECT TO ITS ACTIVITIES OR OPERATIONS IN  FURTHERANCE  OF  THE  POWERS
    2  CONFERRED  UPON  IT BY THIS TITLE, OR UPON OR WITH RESPECT TO ANY FARES,
    3  TOLLS, RENTALS, RATES, CHARGES, FEES, REVENUES OR OTHER INCOME  RECEIVED
    4  BY  THE  AUTHORITY,  EXCEPT  THAT  THE AUTHORITY SHALL PAY REAL PROPERTY
    5  TAXES, SPECIAL AD VALOREM LEVIES AND ASSESSMENTS ON  THAT  PART  OF  THE
    6  RAILROAD  TRACKS  AND PROPERTY OWNED BY THE COUNTY ON THE EFFECTIVE DATE
    7  OF THIS TITLE AND LOCATED IN THE COUNTY OF  SARATOGA,  AND  ON  RAILROAD
    8  TRACKS  AND  PROPERTY  OWNED  BY  THE TOWN ON THE EFFECTIVE DATE OF THIS
    9  TITLE AND LOCATED OUTSIDE OF THE TOWN.
   10    2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE  AUTHORITY  OR
   11  ANY  LESSEES  OF  THE AUTHORITY SHALL BE REQUIRED TO PAY WATER AND SEWER
   12  FEES, WATER AND SEWER ASSESSMENTS OR WATER AND SEWER SPECIAL AD  VALOREM
   13  LEVIES,  EXCEPT  THAT  SUCH  TAXING JURISDICTIONS WHERE THE AUTHORITY IS
   14  REQUIRED TO PAY REAL PROPERTY TAXES AND SPECIAL AD  VALOREM  LEVIES  AND
   15  ASSESSMENTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   16    3.  THE AUTHORITY MAY PAY, OR MAY ENTER INTO AGREEMENTS WITH ANY MUNI-
   17  CIPALITY, INCLUDING SCHOOL DISTRICTS, TO PAY, A SUM OR SUMS ANNUALLY  OR
   18  OTHERWISE  OR TO PROVIDE OTHER CONSIDERATIONS WITH RESPECT TO REAL PROP-
   19  ERTY OWNED BY THE AUTHORITY LOCATED WITHIN SUCH MUNICIPALITY.
   20    S 2681-H. ADVANCES ON BEHALF OF AUTHORITY;  TRANSFER  OF  PROPERTY  TO
   21  AUTHORITY;  ACQUISITION OF PROPERTY FOR AUTHORITY. 1. IN ADDITION TO ANY
   22  POWERS GRANTED TO IT BY LAW, THE COUNTY OR THE TOWN  MAY  BY  RESOLUTION
   23  ADVANCE  SUMS  OF MONEY TO OR ON BEHALF OF THE AUTHORITY TO DEFRAY COSTS
   24  OR EXPENSES OF THE AUTHORITY TO BE INCURRED PRIOR TO THE FIRST  ISSUANCE
   25  OF BONDS. SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS, THE MONEYS SO APPRO-
   26  PRIATED MAY BE REPAID BY THE AUTHORITY TO THE COUNTY OR THE TOWN AT SUCH
   27  TIME  AND IN SUCH MANNER AS MAY BE AGREED UPON BETWEEN THE AUTHORITY AND
   28  THE COUNTY OR THE TOWN.
   29    2. THE COUNTY OR THE TOWN OR ANY OTHER MUNICIPALITY ALONG THE  CORINTH
   30  AND  WARREN  RAILROAD  LINE MAY BY RESOLUTION GIVE, GRANT, SELL, CONVEY,
   31  LEND, OR LICENSE THE USE OF OR LEASE TO THE AUTHORITY  ANY  PROPERTY  OR
   32  FACILITY  WHICH  IS  USEFUL  TO  THE AUTHORITY IN ORDER TO CARRY OUT ITS
   33  POWERS UNDER THIS TITLE. ANY SUCH TRANSFER OF  PROPERTY  SHALL  BE  UPON
   34  SUCH  TERMS AND CONDITIONS, SUBJECT TO THE RIGHTS OF ANY BONDHOLDERS, AS
   35  THE AUTHORITY AND THE COUNTY, THE TOWN OR THE MUNICIPALITY MAY AGREE.
   36    3. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL,  SPECIAL,
   37  OR  LOCAL,  REAL PROPERTY ACQUIRED BY THE AUTHORITY OR THE COUNTY OR THE
   38  TOWN FROM THE STATE MAY BE USED FOR ANY CORPORATE PURPOSE OF THE AUTHOR-
   39  ITY.
   40    S 2681-I. NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM RIGHTS
   41  OF EMPLOYEES; CIVIL SERVICE. 1. IN ACCORDANCE  WITH  THE  PROVISIONS  OF
   42  SECTION  SEVENTY  OF THE CIVIL SERVICE LAW, ANY OFFICER OR EMPLOYEE OF A
   43  MUNICIPALITY TRANSFERRED TO THE AUTHORITY SHALL  BE  ELIGIBLE  FOR  SUCH
   44  TRANSFER  AND  APPOINTMENT,  WITHOUT  FURTHER EXAMINATION, TO APPLICABLE
   45  OFFICES, POSITIONS AND EMPLOYMENT UNDER THE AUTHORITY. ANY SUCH OFFICERS
   46  OR EMPLOYEES SO TRANSFERRED TO THE AUTHORITY PURSUANT TO  THIS  SECTION,
   47  WHO  ARE  MEMBERS OF OR BENEFIT UNDER ANY EXISTING PENSION OR RETIREMENT
   48  FUND OR SYSTEM, SHALL CONTINUE TO HAVE  ALL  RIGHTS,  PRIVILEGES,  OBLI-
   49  GATIONS  AND  STATUS  WITH  RESPECT  TO  SUCH  FUND OR SYSTEM AS ARE NOW
   50  PRESCRIBED BY LAW.
   51    2. NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED (A) TO  DIMINISH
   52  THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT OR
   53  (B)  TO AFFECT EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC
   54  EMPLOYMENT RELATIONS BOARD SEEKING  A  DESIGNATION  BY  THE  BOARD  THAT
   55  CERTAIN PERSONS ARE MANAGERIAL OR CONFIDENTIAL.
       A. 5297                             9
    1    S  2681-J.  EQUAL  EMPLOYMENT  OPPORTUNITY. THE AUTHORITY SHALL ENSURE
    2  THAT ALL EMPLOYEES OR  APPLICANTS  FOR  EMPLOYMENT  ARE  AFFORDED  EQUAL
    3  OPPORTUNITY  EMPLOYMENT  WITHOUT  DISCRIMINATION ON ANY BASIS PROHIBITED
    4  UNDER SUBDIVISION TWO OF SECTION FORTY-C OF THE CIVIL RIGHTS LAW.
    5    S  2681-K.  MONIES  OF THE AUTHORITY. ALL MONIES OF THE AUTHORITY FROM
    6  WHATEVER SOURCE DERIVED SHALL BE PAID TO THE TREASURER OF THE  AUTHORITY
    7  AND  SHALL  BE  DEPOSITED  FORTHWITH IN AN INTEREST-BEARING ACCOUNT IN A
    8  BANK OR BANKS DESIGNATED BY THE AUTHORITY. THE MONIES IN  SUCH  ACCOUNTS
    9  SHALL BE PAID OUT OR WITHDRAWN ON THE ORDER OF SUCH PERSON OR PERSONS AS
   10  THE  AUTHORITY  MAY AUTHORIZE TO MAKE SUCH REQUISITIONS. ALL DEPOSITS OF
   11  SUCH MONIES SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES  OR  OF
   12  THE STATE OR OF ANY MUNICIPALITY OF A MARKET VALUE EQUAL AT ALL TIMES TO
   13  THE  AMOUNT  ON DEPOSIT AND ALL BANKS AND TRUST COMPANIES ARE AUTHORIZED
   14  TO GIVE SUCH SECURITY FOR SUCH  DEPOSITS.  TO  THE  EXTENT  PRACTICABLE,
   15  CONSISTENT  WITH THE CASH REQUIREMENTS OF THE AUTHORITY, ALL SUCH MONIES
   16  SHALL BE DEPOSITED IN  INTEREST-BEARING  ACCOUNTS.  ANY  MONIES  OF  THE
   17  AUTHORITY  NOT  REQUIRED  FOR  IMMEDIATE  USE  OR  DISBURSEMENT  MAY, BE
   18  INVESTED IN ACCORDANCE WITH SECTION NINETY-EIGHT  OR  NINETY-EIGHT-A  OF
   19  THE STATE FINANCE LAW.
   20    S  2681-L.  CONTRACTS.  1.  ALL CONTRACTS FOR THE CONSTRUCTION, RECON-
   21  STRUCTION, REHABILITATION OR IMPROVEMENT OF BUILDINGS LET BY THE AUTHOR-
   22  ITY SHALL COMPLY WITH THE PROVISIONS OF SECTION TWO  HUNDRED  TWENTY  OF
   23  THE  LABOR LAW AND SHALL ALSO BE SUBJECT TO THE PROVISIONS OF LAW APPLI-
   24  CABLE TO CONTRACTS LET BY A MUNICIPAL CORPORATION, EXCEPT  AS  OTHERWISE
   25  PROVIDED IN THIS TITLE.
   26    2.  ALL CONTRACTS FOR THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION
   27  OR IMPROVEMENT OF BUILDINGS LET BY THE AUTHORITY SHALL BE IN  CONFORMITY
   28  WITH THE APPLICABLE PROVISIONS OF SECTION ONE HUNDRED THIRTY-FIVE OF THE
   29  STATE FINANCE LAW.
   30    3.  THE  AUTHORITY MAY, IN ITS DISCRETION, ASSIGN CONTRACTS FOR SUPER-
   31  VISION AND COORDINATION TO THE SUCCESSFUL BIDDER FOR ANY SUBDIVISION  OF
   32  WORK  FOR  WHICH  THE AUTHORITY RECEIVES BIDS. ANY CONSTRUCTION CONTRACT
   33  AWARDED BY THE AUTHORITY SHALL CONTAIN SUCH OTHER TERMS  AND  CONDITIONS
   34  AS  THE  AUTHORITY  MAY  DEEM  DESIRABLE.  THE AUTHORITY SHALL AWARD ANY
   35  CONSTRUCTION CONTRACT INVOLVING AN EXPENDITURE OF MORE THAN  THIRTY-FIVE
   36  THOUSAND  DOLLARS TO THE LOWEST BIDDER WHO, IN ITS OPINION, IS QUALIFIED
   37  TO PERFORM THE WORK REQUIRED AND WHO IS RESPONSIBLE  AND  RELIABLE.  THE
   38  AUTHORITY  MAY, HOWEVER, REJECT ANY OR ALL BIDS OR WAIVE ANY INFORMALITY
   39  IN A BID IF IT BELIEVES THAT THE PUBLIC INTEREST WILL BE PROMOTED THERE-
   40  BY. THE AUTHORITY MAY REJECT ANY BID, IF, IN ITS JUDGMENT, THE  BUSINESS
   41  AND  TECHNICAL  ORGANIZATION,  PLANT,  RESOURCES, FINANCIAL STANDING, OR
   42  EXPERIENCE OF THE BIDDER JUSTIFIES SUCH REJECTION IN VIEW OF THE WORK TO
   43  BE PERFORMED.
   44    4. FOR THE PURPOSES OF ARTICLE FIFTEEN-A OF THE  EXECUTIVE  LAW  ONLY,
   45  THE  AUTHORITY  SHALL  BE  DEEMED A STATE AGENCY AS THAT TERM IS USED IN
   46  SUCH ARTICLE, AND ALL CONTRACTS FOR PROCUREMENT,  DESIGN,  CONSTRUCTION,
   47  SERVICES  AND MATERIALS SHALL BE DEEMED STATE CONTRACTS WITHIN THE MEAN-
   48  ING OF THAT TERM AS SET FORTH IN SUCH ARTICLE.
   49    S 2681-M. ANNUAL REPORT AND AUDIT. IN CONFORMITY WITH  THE  PROVISIONS
   50  OF  SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF THE
   51  AUTHORITY SHALL BE SUBJECT TO THE SUPERVISION OF THE COMPTROLLER AND  AN
   52  ANNUAL  AUDIT  SHALL  BE  PERFORMED  BY  AN INDEPENDENT CERTIFIED PUBLIC
   53  ACCOUNTANT. THE AUTHORITY SHALL ANNUALLY SUBMIT TO THE  COUNTY  LEGISLA-
   54  TURE, TOWN BOARD, GOVERNOR AND THE COMPTROLLER AND TO THE CHAIRPERSON OF
   55  THE  SENATE  FINANCE  COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY WAYS
   56  AND MEANS COMMITTEE A DETAILED REPORT  PURSUANT  TO  THE  PROVISIONS  OF
       A. 5297                            10
    1  SECTION  TWENTY-EIGHT HUNDRED OF THIS CHAPTER, AND A COPY OF SUCH REPORT
    2  SHALL BE FILED WITH THE CLERK OF THE COUNTY LEGISLATURE AND THE CLERK OF
    3  THE TOWN BOARD.
    4    S  2681-N.  DEFENSE  AND  INDEMNIFICATION.  1. THE AUTHORITY SHALL NOT
    5  EXECUTE ANY OF ITS POWERS EXCEPT AS NECESSARY TO COMMENCE ITS  CORPORATE
    6  EXISTENCE,  UNTIL  IT HAS ELECTED TO MAKE THE PROVISION OF SECTION EIGH-
    7  TEEN OF THE PUBLIC OFFICERS LAW APPLICABLE TO  ITS  EMPLOYEES  (AS  SUCH
    8  TERM IS DEFINED IN SECTION EIGHTEEN OF THE PUBLIC OFFICERS LAW) PURSUANT
    9  TO  SUBDIVISION  TWO  OF  SUCH  SECTION; PROVIDED, HOWEVER, THAT NOTHING
   10  CONTAINED WITHIN THIS SECTION SHALL BE DEEMED TO PERMIT THE AUTHORITY TO
   11  EXTEND THE PROVISIONS OF SECTION EIGHTEEN OF  THE  PUBLIC  OFFICERS  LAW
   12  UPON ANY INDEPENDENT CONTRACTOR.
   13    2.  NEITHER THE MEMBERS OF THE AUTHORITY, NOR THE COUNTY, THE TOWN, OR
   14  ANY MUNICIPALITY, OFFICER OR EMPLOYEE ACTING ON THE AUTHORITY'S  BEHALF,
   15  WHILE  ACTING  WITHIN  THE  SCOPE OF HIS, HER OR ITS AUTHORITY, SHALL BE
   16  SUBJECT TO ANY PERSONAL LIABILITY RESULTING FROM THE CONSTRUCTION, MAIN-
   17  TENANCE OR OPERATION OF ANY OF THE PROPERTIES OF THE AUTHORITY  OR  FROM
   18  CARRYING  OUT ANY OF THE POWERS EXPRESSLY GIVEN IN THIS TITLE; PROVIDED,
   19  HOWEVER, THAT THIS SHALL  NOT  BE  HELD  TO  APPLY  TO  ANY  INDEPENDENT
   20  CONTRACTOR.
   21    S  2681-O.  ACTION BY OR AGAINST THE AUTHORITY. 1. EXCEPT IN AN ACTION
   22  FOR WRONGFUL DEATH, NO ACTION OR SPECIAL PROCEEDING SHALL BE  PROSECUTED
   23  OR  MAINTAINED AGAINST THE AUTHORITY, ITS MEMBERS, OFFICERS OR EMPLOYEES
   24  FOR PERSONAL INJURY OR DAMAGE TO REAL OR PERSONAL  PROPERTY  ALLEGED  TO
   25  HAVE BEEN SUSTAINED BY REASON OF THE NEGLIGENCE, TORT OR WRONGFUL ACT OF
   26  THE  AUTHORITY  OR  OF  ANY  MEMBER, OFFICER, AGENT OR EMPLOYEE THEREOF,
   27  UNLESS (A) NOTICE OF CLAIM SHALL HAVE BEEN  MADE  AND  SERVED  UPON  THE
   28  AUTHORITY  WITHIN  THE  TIME LIMIT SET BY AND IN COMPLIANCE WITH SECTION
   29  FIFTY-E OF THE GENERAL MUNICIPAL LAW, (B) IT SHALL APPEAR BY AND  AS  AN
   30  ALLEGATION  IN  THE COMPLAINT OR MOVING PAPERS THAT AT LEAST THIRTY DAYS
   31  HAVE ELAPSED SINCE THE SERVICE OF SUCH NOTICE  AND  THAT  ADJUSTMENT  OR
   32  PAYMENT  THEREOF  HAS  BEEN  NEGLECTED OR REFUSED, AND (C) THE ACTION OR
   33  SPECIAL PROCEEDING SHALL BE COMMENCED WITHIN ONE YEAR  AND  NINETY  DAYS
   34  AFTER  THE  HAPPENING  OF  THE  EVENT  UPON WHICH THE CLAIM IS BASED. AN
   35  ACTION AGAINST THE AUTHORITY FOR WRONGFUL DEATH SHALL  BE  COMMENCED  IN
   36  ACCORDANCE  WITH  THE  NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF
   37  TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
   38    2. WHENEVER A NOTICE OF CLAIM IS SERVED UPON THE AUTHORITY,  IT  SHALL
   39  HAVE  THE RIGHT TO DEMAND AN EXAMINATION OF THE CLAIMANT RELATIVE TO THE
   40  OCCURRENCE AND EXTENT OF THE INJURIES OR  DAMAGES  FOR  WHICH  CLAIM  IS
   41  MADE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FIFTY-H OF THE GENER-
   42  AL MUNICIPAL LAW.
   43    3.  THE  AUTHORITY  SHALL HAVE POWER TO SETTLE OR ADJUST ALL CLAIMS IN
   44  FAVOR OF OR AGAINST THE AUTHORITY.
   45    4. ANY ACTION OR PROCEEDING TO WHICH THE AUTHORITY OR  THE  PEOPLE  OF
   46  THE STATE MAY BE PARTIES, IN WHICH ANY QUESTION ARISES AS TO THE VALIDI-
   47  TY  OF  THIS  TITLE,  SHALL  BE PREFERRED OVER ALL OTHER CIVIL CAUSES OF
   48  ACTION OR CASES, EXCEPT ELECTION CAUSES  OF  ACTION  OR  CASES,  IN  ALL
   49  COURTS  OF  THE STATE AND SHALL BE HEARD AND DETERMINED IN PREFERENCE TO
   50  ALL OTHER CIVIL BUSINESS PENDING THEREIN EXCEPT ELECTION  CAUSES,  IRRE-
   51  SPECTIVE  OF  POSITION  ON  THE  CALENDAR.  THE SAME PREFERENCE SHALL BE
   52  GRANTED UPON APPLICATION OF THE AUTHORITY OR ITS COUNSEL IN  ANY  ACTION
   53  OR  PROCEEDING  QUESTIONING  THE  VALIDITY  OF  THIS  TITLE IN WHICH THE
   54  AUTHORITY MAY BE ALLOWED TO INTERVENE. THE VENUE OF ANY SUCH  ACTION  OR
   55  PROCEEDING  SHALL BE LAID IN THE SUPREME COURT OF ANY OF THE PARTICIPAT-
   56  ING COUNTIES.
       A. 5297                            11
    1    5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY  JUDGMENT
    2  FOR  WHICH  IT  IS  LIABLE, SHALL BE THE RATE PRESCRIBED BY SECTION FIVE
    3  THOUSAND FOUR OF THE CIVIL PRACTICE LAW AND RULES.
    4    6. ALL ACTIONS OR PROCEEDINGS AGAINST THE AUTHORITY OF WHATEVER NATURE
    5  SHALL BE BROUGHT IN A SUPREME COURT IN THE COUNTY OR THE COUNTY OF SARA-
    6  TOGA.
    7    S  2681-P. TRACK, BRIDGE, SIGNAL, STATION AND OTHER FACILITY OPERATION
    8  AND MAINTENANCE. THE OPERATION, MAINTENANCE AND USE OF  TRACK,  BRIDGES,
    9  SIGNALS, FREIGHT STATIONS, PASSENGER STATIONS AND OTHER FACILITIES SHALL
   10  BE  PUBLIC PURPOSES OF THE AUTHORITY, THE COUNTY AND THE TOWN. THE TOTAL
   11  COST TO THE AUTHORITY OF OPERATION, MAINTENANCE AND USE OF  EACH  TRACK,
   12  BRIDGE,  SIGNAL,  FREIGHT  STATION, PASSENGER STATION AND OTHER FACILITY
   13  WITHIN THE COUNTY OR THE COUNTY OF SARATOGA AND SERVICED BY ONE OR  MORE
   14  RAILROAD  FACILITIES  OF  THE  AUTHORITY  OR CORPORATIONS, INCLUDING THE
   15  BUILDINGS, APPURTENANCES, PLATFORMS, LANDS AND APPROACHES INCIDENTAL  OR
   16  ADJACENT  THERETO,  SHALL BE BORNE BY THE AUTHORITY.  PROVIDED, THAT, NO
   17  PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE AUTHORITY FROM
   18  DELEGATING OR ASSIGNING THE DUTIES ASSIGNED TO THE AUTHORITY PURSUANT TO
   19  THIS SECTION AND THE COSTS THEREOF TO A THIRD PARTY OPERATOR  OR  COMMON
   20  CARRIER  WHICH  IS  LICENSED, CLEARED OR OTHERWISE AUTHORIZED TO USE THE
   21  TRACK, BRIDGE, SIGNAL, STATION AND/OR OTHER FACILITY OPERATED AND  MAIN-
   22  TAINED PURSUANT TO THIS SECTION.
   23    S  2681-Q. STATE, COUNTY, TOWN AND MUNICIPALITIES NOT LIABLE FOR OBLI-
   24  GATIONS OF THE AUTHORITY. 1. NEITHER THE STATE, THE  COUNTY,  THE  TOWN,
   25  NOR  ANY MUNICIPALITY OR PUBLIC CORPORATION SHALL BE LIABLE ON ANY BOND,
   26  NOTE OR OTHER OBLIGATION OF THE AUTHORITY,  AND  SUCH  BONDS,  NOTES  OR
   27  OTHER OBLIGATIONS SHALL NOT BE DEBTS OF THE STATE, THE COUNTY, THE TOWN,
   28  NOR  ANY  MUNICIPALITY  OR  PUBLIC CORPORATION, AND SUCH BONDS, NOTES OR
   29  OTHER OBLIGATIONS SHALL CONTAIN A STATEMENT TO SUCH EFFECT.
   30    2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO OBLIGATE THE  STATE  IN
   31  ANY WAY IN CONNECTION WITH THE OPERATIONS AND OBLIGATIONS OF THE AUTHOR-
   32  ITY.
   33    S 2681-R. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
   34  OF  THIS  TITLE  ARE  INCONSISTENT WITH THE PROVISIONS OF ANY OTHER ACT,
   35  GENERAL OR SPECIAL, OR OF A COUNTY CHARTER, ANY LOCAL LAW, ORDINANCE  OR
   36  RESOLUTION  OF  A  MUNICIPALITY,  THE  PROVISIONS OF THIS TITLE SHALL BE
   37  CONTROLLING. NOTHING CONTAINED IN THIS SECTION SHALL BE HELD TO  SUPPLE-
   38  MENT OR OTHERWISE EXPAND THE POWERS OR DUTIES OF THE AUTHORITY OTHERWISE
   39  SET FORTH IN THIS TITLE.
   40    S 2. The second undesignated paragraph of paragraph (d) of subdivision
   41  4 of section 14-k of the transportation law, as amended by chapter 75 of
   42  the laws of 2000, is amended to read as follows:
   43    The  commissioner  shall  request the project sponsors to furnish such
   44  information in writing as may be necessary. For  the  purposes  of  this
   45  section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier
   46  extension  railroad  authority  shall  be an authorized project sponsor.
   47  FURTHERMORE, FOR THE PURPOSES OF THIS SECTION, THE  CORINTH  AND  WARREN
   48  RAILROAD AUTHORITY SHALL BE AN AUTHORIZED PROJECT SPONSOR.
   49    S 3. Severability. If any clause, sentence, paragraph, section or part
   50  of  this act shall be adjudged by any court of competent jurisdiction to
   51  be invalid and after exhaustion of  all  further  judicial  review,  the
   52  judgment  shall  not affect, impair or invalidate the remainder thereof,
   53  but shall be confined in its operation to the  clause,  sentence,  para-
   54  graph,  section or part of this act directly involved in the controversy
   55  in which the judgment shall have been rendered.
   56    S 4. This act shall take effect immediately.